Delhi High Court - Orders
Vikas@Johny vs State Of Nct Of Delhi on 7 April, 2026
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1231/2026
VIKAS@JOHNY .....Petitioner
Through: Mohd. Arif, Advocate.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Manoj Pant, APP for State.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 07.04.2026 CRL.M.A. 9641/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 1231/20263. By way of the present application, the applicant is seeking interim bail for a period of two weeks on medical grounds, in case arising out of FIR bearing no. 452/2024, registered at Police Station Badarpur, Delhi, for the commission of offences punishable under Sections 103(3)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS') and Sections 25/27 of the Arms Act, 1959.
4. Issue notice. The learned APP accepts notice on behalf of the State.
5. The learned counsel appearing for the applicant submits that the present application has been moved on humanitarian grounds in view of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2026 at 21:43:26 medical condition of the applicant's mother, who requires urgent surgical intervention for removal of her uterus. It is submitted that the surgery was scheduled for 24.03.2026; however, the same could not be conducted due to the absence of an attendant, as advised by the treating doctor, who had also cautioned that any further delay may result in the condition turning cancerous. It is further submitted that the learned Trial Court, vide order dated 23.03.2026, dismissed the interim bail application without properly appreciating the duly verified medical documents placed on record. It is further contended that the applicant's family is in a vulnerable condition, as the applicant's brother is partially paralyzed and his father is suffering from weakness and a leg fracture, rendering them incapable of taking care of the patient or making the necessary arrangements. It is argued that in the absence of the applicant, there is no able-bodied person available to attend to the applicant's mother during the surgery and for post-operative care, which makes the presence of the applicant indispensable. It is, therefore, prayed that the applicant be granted interim bail for a period of two weeks.
6. On the other hand, the learned APP for the State opposes the present application and argues that the applicant has concealed material facts from this Court. It is pointed out that although it has been contended that the applicant's brother is suffering from paralysis, the same has been found false upon verification and that the applicant's brother is regularly visiting Tihar Jail to meet the applicant. It is further submitted that the applicant's mother is presently attending to her duties and is working in the Municipal Corporation of Delhi (MCD) without any assistance. It is also submitted that there are several other family members who can attend to the needs of the applicant's mother in case of any emergency.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2026 at 21:43:26
7. The learned counsel for the complainant, appearing through video- conferencing, also opposes the present application and submits that the matter is listed before the learned Trial Court for recording of evidence on 14.04.2026.
8. This Court has heard arguments addressed on behalf of the applicant as well as the State, and has perused the material on record.
9. In the present case, during the course of arguments, the learned APP has drawn the attention of this Court to the fact that the brother of the applicant regularly visits the applicant at Tihar Jail to meet him. It is further to be noted that as per the status report, the applicant's brother had only suffered a hand injury in the year 2024 in an accident, and therefore, the claim of the applicant that his brother is paralyzed was found incorrect upon verification by the I.O.
10. This Court further notes that the statement of the applicant's mother is also on record, which reveals that she is presently attending to her duties and is working without any assistance with the MCD, and is also taking her medical treatment from a private hospital. This Court's attention has also been drawn to the fact that there are other family members, including the wife of the applicant, who can take care of the applicant's mother, if required.
11. Considering the overall facts and circumstances of the present case, including the verification report placed on record, the fact that material witnesses are yet to be examined in the case, as well as the allegations against the applicant that he is involved in the commission of murder and is also involved in three cases pertaining to offence of murder, in one of which he already stands convicted, and further taking note of the fact that the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2026 at 21:43:26 applicant could be arrested in the present case only after initiation of proceedings under Section 82 of the Cr.P.C., this Court is not inclined to grant interim bail to the applicant at this stage.
12. Accordingly, the present application stands dismissed.
13. Nothing expressed hereinabove shall tantamount to an expression of opinion on the merits of the case.
14. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J APRIL 07, 2026/vc TD This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2026 at 21:43:26